United States v. Eduardo Sandoval-Salgado

19 F.3d 31 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Eduardo SANDOVAL-SALGADO, Defendant-Appellant. No. 93-50341. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1994. * Decided March 11, 1994. Before: FLETCHER, BRUNETTI and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Eduardo Sandoval-Salgado appeals his convictions following jury trial for importing and possession of cocaine with intent to distribute in violation of 21 U.S.C. Secs. 841 (a)(1), 952, 960. Sandoval-Salgado contends the district court erred by giving a "deliberate ignorance" instruction under United States v. Jewell, 532 F.2d 697 (9th Cir.) (en banc), cert. denied, 426 U.S. 951 (1976), because the instruction implied that the jury should disregard his diminished capacity defense. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 "In reviewing jury instructions, '[o]ur inquiry is whether the jury instructions as a whole are…